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alterego

03-16 10:43 AM

I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway. So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life. As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right. Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey.......... Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry. Happy travels folks, quit worrying so much and live your lives.

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perm2gc

01-08 03:44 PM

They are in mid-30s and if they apply for residency they will finish at age 35yrs and then post-residency is another couple of years. Does mid 30s age in their favour?

Would like to get more insight on this issue.

Thanks. Please post what insight you want to know on the issue.The 30's is common age here.so VO will not buy that...

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DSLStart

10-02 11:43 AM

sorry to hear your wife's bitter visa experience. But you should have researched in this web site and other web sites like immigrationportal.com for people's experience at Canadian US consulates, most of them have stressed the fact that, if its a first time H1 stamping without education in US, avoid going to any third country for stamping. Very less chance of getting approved. Even on web site of US consulates in Canada it is clearly mentioned. But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.

My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.

The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and

1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)

2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic

3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?

4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?

Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(

I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!

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dixie

08-22 02:07 AM

SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.

See page 3 on this: http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf

If per country limit of 7% stays, how much relief would it bring in terms of priority dates for India/China born individuals?

I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!

Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.

There were many 245i applicants who filed under EB-3 category than EB-2 category. So EB-2 is less affected due to less 245i applicants and most of the problem is experienced in EB-3 categories. We all should request congress, not to penalize us for playing by the rules and further request to exclude 245i visa numbers from regular quota. I have already contacted the offices of Senators of my State & Rep. of House also. We all should contact our law makers.

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InTheMoment

10-14 12:25 PM

Also, a minor correction to the answer on whether all have to wait for 5 years after GC to get naturalized...the only exceptions are military personnel *and* those who married US Citizens (marriage based GC's) - these categories have to wait only 3 years

Should we wait until my PD becomes current, to try to link our aplications? Is that necessary? Is there any danger that my husband's 485 application might get lost if USCIS denies our request to link his case to mine now since my PD is not current?

Don't know if this matters, but just this week, I got a RFE for employment verification. We have now sent necessary documents as requested by the dept.

Why dont you consult Prashanthi Reddy who is one of the Attorney's that answers IV Conference calls. Her consultation seems to be quite reasonable to my knowledge. ofcourse check with her anyway the consultation price. Also check with Shusterman, etc.

"I found one group - EmployementLawGroup.net And they are asking me - $195 for a 30 minute phone consultation - $395 for a 60 minute phone or in-office consultation I don't know how much they are going ask to answer to my summons along with filing a new case .Tomorrow I'm going to send documents and then I'm going to have appointment with them. For the time being I'm going ahead with them - If you guys know please advise me. ( I'm really not earned/earning much ) "

Also EB-1 seems unusually high at ~37,000 EB-1 is even higher than EB-2

isn't that unusual?

I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives. The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year. I strongly feel L1-A visa holders shud not be put in EB-1 category. What do you think.

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derekjbj

09-16 07:39 PM

Hi All, I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU . I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?.. How about pursuing a full time MBA with EAD ( 485 PENDING) I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?

Thanks for the reply. Atlast I could talk to my lawyer and the reason given by him is while sending the I485 application for my wife they sent the 1 & 3rd page of the application & missed the 2nd & 4th pages while taking xerox copies. He said he will try to resend it but not not sure whether tehy will accept. He took even 1000$ more from me for fast service. For his mistake I have to pay the price.

I don't know what to do now..

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lonedesi

01-15 04:54 PM

This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.

You happened to be lucky since you had the option of Premium Processing. But now, even if we wanted to, we cannot opt for it. I am sure, almost 90% of the members who have been waiting for months together would opt for PP (for I-140) if it is available now. I wonder why USCIS has not reinstated PP for I-140 now that they are done with the major workload(receipting,AP,EAD) due to the VB fiasco.

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Sunx_2004

10-08 04:29 PM

I am also in the same situation. But not sure about H1 transfer. I posted all the questions to our lawyer and waiting for reply.

Did your attorney replied back?

obelix

07-27 03:53 PM

OTOH

I now work for a big IT company. As big as it can get. I had much better luck with my lawyers when I worked for startups.

My lawyer sends each and every piece of information. They sent 9089 for review,797 for labor also. They sent me the original approved labor certificate for my signature to file for 140. and also 797 copy for 140.

Though the employer processes labor and 140, Employee should ensure the accuracy of the information on all the applications. Employer should not deny for this.

These employers that abuse employees need to learn some lessons on how to treat their employees.

I think IV needs to take an inititave on these small scale body shopping employers who are not treating their employers with respect and the dignity they deserve.

finimits

05-03 10:01 AM

So I will automatically get a 3 year extension when I do the H1B transfer to the new company? Is that because I have a I-140 approval already? I guess I need to show that and the PERM copy. Correct?